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Sarika M (-)     25 October 2013

Termination

I was appointed on probation as Asst. Professor on Nov. 21, 2009 in a private Govt. aided college affiliated to RTMN University, Nagpur. However, I was terminated on 2 september 2011 sighting reason of insufficient workload.

My appointment was in sixth pay commission dependeng on the pay scale mentioned in the appointment letter.

So I would like to know whether 5th pay commission rules  are applicable (which were in existence during appointment) as far as probation period is concerned or 6th pay rules will be applicable (which were in existence during termination). Appointment letter says nothing about probation period.

I had filed case in tribunal for one year probation as prescribed in sixth pay commission as per ugc regulation notified in 2010, which is still pending due to absence of presiding officer.

Now I have learnt that sufficient workload for the concerned post is available in the college at present so can i file a fresh petition in high court for reinstatement.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 October 2013

You already filed a case in Tribunal. Again High court will not entertain the case. It become RESJUDICATA in legal terminology. 

Kolla V. Raman (Founder Chairman of Global Lgal Services)     25 October 2013

You are not a State or Central Government employee, you are an employee of College that is University, so your  application in the Tribunal is not maintainable under law . You read Administrative Tribunal Act.  University college  comes under definition of State under Article 12 of the Constitution of India.  You with draw your case filed in the tribunal with leave of the court to file in proper forum which is having jurisdiction that is High Court. You file Writ Petition in the High Court after withdrawal of your Application filed in the Tribunal. contact: Global Legal Services, Mobile  No.9290673693, Emal: globallegalservicesindia@gmail.com

Sudhir Kumar, Advocate (Advocate)     26 October 2013

Insufficient workload is not a probation matter. It is retrenchment and better consult nearest labour law advocate to know how much you are entitled as a retrenched employee. Further it is not know on what grounds you made the appeal.

Sarika M (-)     28 October 2013

Sir,

Grounds on which I have appealed are as follows

  1. I have completed probation and should be considered as a permanent employee since my appointment is in sixth pay commission based on the pay scale mentioned in the appointment letter. considering this new notification issued by UGC on 30 june 2010 is applicable where in probation is of one year.
  2. Although my appointment is in 6 th P. C. rules of 5th pay commission are being applied where in probation was of two years. I was terminated one month prior to the completion of two years.
  3. I should be considered surplus and should be transferred to other college rather than termination

Sarika M (-)     28 October 2013

Sir,

Grounds on which I have appealed are as follows

  1. I have completed probation and should be considered as a permanent employee since my appointment is in sixth pay commission based on the pay scale mentioned in the appointment letter on 21st Nov. 2009. considering this new notification issued by UGC on 30 june 2010 is applicable where in probation is of one year.
  2. Although my appointment is in 6 th P. C. rules of 5th pay commission are being applied where in probation was of two years. I was terminated one month prior to the completion of two years (3 october 2011).
  3. As I have completed one year probation (As per 6th pay commission ) I should be considered surplus, in view of insufficient work load, and should be transferred to other college insted of ermination

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